The Rise of Online Learning Platforms
Starting with nothing but just a YouTube channel in 2014, Alakh Pandey’s “PhysicsWallah” has already managed to become India’s 101st unicorn company. The growth of PhysicsWallah mirrors the exponential growth of online learning, which – transcends geographical barriers and has become a cornerstone in India’s educational landscape. Data from PW’s mobile app users and YouTube subscribers has revealed the conclusion that students’ trust in online learning continues to soar during COVID-19 and that students are showing a willingness to invest in the purchase of digital courses, even in the post-pandemic era.
Moreover, the scope of online education has broadened far beyond traditional academics. Today, websites for online learning are not only supporting the K-12 curriculum but also supporting avenues for enriching skills, private tutoring, coaching for competitive exams, coding boot camps, and job skills enhancement. Online learning is accessible to learners of all ages and backgrounds. It empowers people to accomplish their educational goals and career aspirations from the safety and comfort of their own homes.
All that glitters is not all gold even for online learning, it has a dark side plagued by unethical practices. Some platforms use fraudulent marketing tactics to sell overpriced courses with no real value. They sometimes also create a fear of missing out, causing students to make hasty decisions.
Such practices not only lower the credibility of online learning platforms but also provide a loophole to exploit the vulnerabilities of susceptible learners, resulting in an environment of disappointment and mistrust in this online education system. Thus, certain considerations – either enforced through regulation or complied suo moto – are crucial for online learning platforms.
The Blurred Line: Online Education vs. Online Learning
While online education tends toward formalized programs and structured curricula, it encompasses a broader spectrum, including informal learning experiences and self-directed study. Thus, online education is a species of online learning, while the latter may include various other courses ranging from skill upgradation to courses aiding in cracking competitive examinations.
Indian courts have been wary of seeing education as a service since they perceive educational institutions as not-for-profit in nature. The same cannot be said about coaching institutes or platforms offering skill courses. Both these types of institutions exist in the online learning ecosystem.
Thus, the application of Consumer Protection Laws to these institutions ultimately boils down to whether the institution is an “e-commerce entity” or not. The answer to this question depends on the particular business model being utilized by the Ed-tech company in question, necessitating a case-to-case basis analysis.
Consumer Protection Laws: Obligations on Ed-Tech Companies
If after considering an EdTech company’s business model falls into the definition of an “e-commerce entity” as given in the Consumer Protection Act 2019, it would have to fulfil numerous obligations as notified by the rules. Such obligations include establishing a grievance redressal mechanism, appointing a compliance officer, having transparent cancellation and refund policies, etc.
What Considerations Are Key for Online Learning Platforms in India?
The National Education Policy, 2020 emphasizes the integration of online education as a crucial component of the educational landscape, aiming to expand access to high-quality learning resources and opportunities for students across diverse backgrounds and geographical locations.
Online Education Courses and Programmes are somewhat governed by the University Grants Commission (Online Courses or Programmes) Regulations, 2018. These regulations apply to universities and institutions deemed to be universities willing to offer online non-technical courses; which can only offer such courses after due approval from the UGC. They are also covered under the Distance Education Bureau (DEB) Guidelines which mandate online classes to adhere to specific quality standards and procedures.
On the other hand, EdTech companies have a free hand in the market and usually offer courses without any approval or accreditation. But even such institutions should ensure the following considerations:
Data Handling
Online learning platforms have been notorious for selling the personal data and contact details of students and parents alike. This data is used to target marketing calls and advertisements to vulnerable minds. With the passing of the Digital Personal Data Protection Act, 2023 – it is high time that online learning websites start taking the topic of personal data seriously.
Ethical Marketing
The current marketplace is marred by aggressive marketing tactics that create FOMO ( Fear of missing out) in the minds of parents, who ultimately fall prey and end up buying unnecessary online courses for their children. Even adults sometimes fall prey to marketing tactics aimed at the insecurities of the vulnerable population, creating a false hope of success.
Thus, online learning platforms need to adopt ethical marketing practices that prioritize honesty and transparency over creating fear or pressure.
What Measures Can Enhance Transparency and Accountability in Online Learning?
The blurred distinction between online education and online learning, obfuscated by the various platforms offered and non-existent regulation for online learning – has left much room for malpractice and exploitation.
As such, the following recommendations may be followed:
- Defining Boundaries and Scope: The scope and limit of formal and informal online learning should be set. This will aid in distinguishing between institutional educators, and independent platforms or tutors. A detailed guideline listing the criteria for differentiation between this jurisdiction and formal online learning, along with regulatory principles, should be developed in line with this.
- Licensing and Accreditation for Informal Learning Platforms: It is paramount to develop a licensing and accreditation framework for informal online learning platforms and tutors. This framework could include checks on the qualifications and expertise of educators, as well as the quality and relevance of materials provided by each platform. Accreditation would also act as a quality assurance mechanism whereby learners would be able to identify credible and effective learning experiences.
- Transparency and Accountability Mechanisms: The platforms of online informal learning should be mandated to provide transparency in their offers. This should include courses offered, teaching methods used, prices charged, and expected results. Institutions that avail themselves of these services should be monitored and graded according to their performance, with clear accountability mechanisms in place for tackling cases of malpractice or even complaints.
The recommended measures would enhance the transparency, accountability, and credibility of online learning platforms. This would ensure high-quality learning experiences while mitigating risks of malpractice and exploitation.
Nudging Online Learning in the Right Direction
As online learning continues to reshape education in India, it’s crucial to address both its potential and challenges. Balanced policy interventions need to nudge online learning in the right direction. Such a policy is only possible after recognizing the different stakeholders.
By empowering learners and fostering industry-wide best practices, we can ensure that online learning serves as a force for positive change, making education more accessible, ethical, and effective for all in India.
